Duross Co. v. Evans

Eager, J. (dissenting).

I would affirm the order dismissing the first alleged cause of action. This subtly contrived pleading is merely another example of an effort by a broker to make prospective purchasers pay a commission contracted to be paid by the seller but not earned. The plaintiff’s allegations give notice that the gravamen of the first cause of action is the alleged “arbitrary, capricious and deliberate conduct” of the defendants in their refusal ‘ ‘ to sign a written contract ’ ’ of purchase containing a provision for payment of commissions of $6,000 by the seller upon closing of…